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THE MINISTRY OF FINANCE - THE GOVERNMENT COMMISSION FOR ORGANIZATION AND PERSONNEL

THE MINISTRY OF FINANCE - THE GOVERNMENT COMMISSION FOR ORGANIZATION AND PERSONNEL

JOINT CIRCULAR No. 147/1999/TTLT/BTC/BTCCBCP OF DECEMBER 20, 1999 GUIDING THE TRANSFER OF TASKS, PERSONNEL AND STAFF OF THE GENERAL DEPARTMENT OF DEVELOPMENT INVESTMENT SYSTEM TO FINANCIAL BODIES, STATE TREASURY AND DEVELOPMENT ASSISTANCE FUND

Pursuant to the Government’s Decree No. 145/1999/ND-CP of September 20, 1999 restructuring the General Department of Development Investment under the Ministry of Finance;

Pursuant to the Government’s Decree No. 50/1999/ND-CP of July 8, 1999 on the organization and operation of Development Assistance Fund;

The Ministry of Finance and the Government Commission for Organization and Personnel jointly guide the hand-over of tasks, personnel and staff of the General Department of Development Investment system and the National Investment Support Fund as follows:

I. GENERAL PRINCIPLES

1. The current tasks, personnel, staff and all dossiers as well as documents and working facilities of the General Department of Development Investment system and the National Investment Support Fund shall be transferred to the Ministry of Finance, the State Treasury, the Development Assistance Fund and the provincial/municipal Finance and Pricing Services (hereafter referred collectively to as Finance-Pricing Services).

2. The agencies receiving the tasks, personnel, staff and documents shall continue to be responsible to State competent agencies for the transferred tasks. The hand-over shall have to ensure the continuity of work which have been done before the hand-over, must not effect the implementation tempo of investment projects, and not cause troubles to investors.

3. For contractual officials, if their labor contracts have expired, such contracts shall be terminated before the hand-over; if their contracts are still valid, they shall be transferred according to the above-mentioned principles and the receiving agencies shall have to settle the cases according to the provisions of the Labor Code.

4. The division of personnel of the General Department of Development Investment and the National Investment Support Fund to new organizations shall comply with the principle that the persons doing certain tasks shall be transferred to the agency performing such tasks as from January 1st, 2000.

For officials and/or employees working in general service section (administrative, clerical staff), or working at other sections with combined tasks, they shall be considered for proper assignment, depending on specific situations.

5. The staffs and funds of the receiving agencies shall increase correspondingly with the staffs and funds transferred from the General Department of Development Investment system, according to the hand-over minutes, but not exceed the total staff of the General Department of Development Investment system assigned by the State in the 1998 plan.

6. Depending on specific situations and capabilities of leaders of the provincial/municipal Departments of Development Investment, Sub-Departments of Development Investment (hereafter referred to as provincial Departments, Sub-Departments of Development Investment), the heads of receiving agencies shall consider and propose to competent levels for decision their appointment to proper posts.

7. To reserve until June 30, 2000 the current leadership allowances enjoyed by leaders of the General Department of Development Investment system who, due to the organizational restructure, are relieved from their positions or appointed to new posts with lower leadership allowances.

8. To settle officials’ personal desires to change their working positions only after the hand-over is completed.

9. The hand-over of capital and properties of the General Department of Development Investment system and the National Investment Support Fund shall comply with specific guidance of the Ministry of Finance, ensuring that the Development Assistance Fund shall have its office and working facilities.

II. CONTENTS OF THE HAND-OVER

1. On the tasks:

a/ At the office of the General Department of Development Investment:

The tasks being performed by the General Department of Development Investment and the National Investment Support Fund at their offices shall be transferred to the following bodies:

- The Investment Department under the Ministry of Finance shall receive and perform the tasks of studying and working out policies and regimes on investment financial management, investment capital plan, taking part in appraising investment projects as well as final account settlement of Group A projects.

- The Central State Treasury shall receive and perform the tasks of appraising the investment capital allocation, general accounting, accounting State budget’s investment capital payment; as well as all the tasks of managing, allocating and settling investment capital for inter-provincial projects.

- The Development Assistance Fund shall receive and perform the tasks of managing preferential credit investment capital, which are being performed by the General Department of Development Investment, and all tasks of the National Investment Support Fund.

b/ At provincial Departments, Sub-Departments of Development Investment:

The tasks being performed by provincial Departments, Sub-Departments of Development Investment and National Investment Support Fund’s branches shall be transferred to the following bodies:

- The Finance-Pricing Services shall receive and perform the tasks of providing guidance on policy mechanisms, investment capital plan, taking part in appraising investment projects, appraising final settlement of projects invested with the State budget source.

- The provincial/municipal State Treasuries shall receive and perform the tasks of appraising the investment capital allocation, making payment, accounting and making final settlement of State budget’s investment capital in their respective localities.

- The Development Assistance Fund’s branches shall receive and perform the tasks of managing the preferential credit investment capital, which are being performed by provincial Departments, Sub-Departments of Development Investment, and all tasks of the National Investment Support Fund’s branches.

2. On the personnel: Officials doing certain tasks mentioned above shall be transferred to the agencies receiving such tasks in order to continue their works.

3. Dossiers and documents: All dossiers and documents available at the offices of the General Department of Development Investment, the National Investment Support Fund, the provincial Departments, Sub-Departments of Development Investment and the National Investment Support Fund’s branches, which are directly related to certain tasks shall be transferred to the agencies receiving such tasks. The officials’ records shall be transferred according to guidance of the cadres-managing agency and comply with general provisions of the State.

4. For the regional Sub-Departments of Development Investment, regional Development Investment Bureaus under the provincial/municipal Departments of Development Investment: The directors of the provincial/municipal Departments of Development Investment shall have to transfer all tasks, personnel and related dossiers and documents to the directors of the provincial State Treasuries so that the latter can perform the tasks of controlling payment of State budget’s investment capital according to localities as well as assigned projects.

III. IMPLEMENTATION ORGANIZATION

1. To assign the General Director of Development Investment to work out the plan for hand-over of tasks, personnel, dossiers and documents on the basis of the guidance of this Circular and submit it to the Minister of Finance for decision.

At the offices of the General Department of Development Investment and the National Investment Support Fund:

The General Director of Development Investment shall conduct the hand-over to the Director of Investment Department under the Ministry of Finance, the General Director of State Treasury, the General Director of the Development Assistance Fund; the General Director of the National Investment Support Fund shall conduct the hand-over to the General Director of the Development Assistance Fund according to the contents prescribed in this Circular.

At the provincial Departments, Sub-Departments of Development Investment, the branches of the National Investment Support Fund:

The heads of the provincial Departments, Sub-Departments shall conduct the hand-over to the directors of Finance-Pricing Services; the directors of the provincial State Treasuries, the directors of the Development Assistance Fund’s branches; the directors of the National Investment Support Fund’s branches shall conduct the hand-over to the directors of the Development Assistance Fund’s branches according to the contents prescribed in this Circular.

2. The hand-over must be completed before December 31, 1999, with minutes enclosed with full dossiers and documents as well as related appendices. The minutes and list of transferred officials must be sent to the Ministry of Finance, the Government Commission for Organization and Personnel and the provincial People’s Committees by January 31, 2000 at the latest.

In the course of implementation, concerned units are requested to promptly report the difficulties to the two ministries for cooperation and settlement.

Minister of Finance
NGUYEN SINH HUNG

Minister-Head of the Government

Commission for Organization and Personnel
DO QUANG TRUNG